HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN

Literal interpretation
“You have the body” (Latin)
Governing Rule
Rule 102
1997
Definition
Writ directed to the person detaining another,
commanding him to produce the body of the
prisoner at a designated time and place, with the
day and cause of his capture and detention, to
do, submit to, and receive whatsoever the court
or judge awarding the writ shall consider in that
behalf.
It is a special proceeding
“To protect” (Spanish)
A.M. No. 07-9-12-SC
Sept. 25, 2007
Remedy available to any person whose right
to life, liberty, and security is violated or
threatened with violation by an unlawful act
or omission of a public official or employee,
or of a private individual or entity.
The writ covers extralegal killings and
enforced disappearances or threats thereof
It is a special proceeding
“You have the data” (Latin)
A.M. No. 08-1-16-SC
Feb. 2, 2008
Remedy available to any person whose right to
privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the gathering,
collecting, or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party.
It is a special proceeding
It is a Filipino word which means “nature” in
English
Part III, Rule 7, A.M. No. 09-6-8-SC; 2010
Special remedy available
to a natural or juridical person, entity authorized by
law, people’s organization, non-governmental
organization, or any public interest group
accredited by or registered with any government
agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is
violated, or threatened with violation by an
unlawful act or omission of a public official or
employee, or private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces.

It is a special civil action

Availability/Coverage
(Sec. 1)
To all cases of illegal confinement or detention:
1. By which any person is deprived of his liberty;
or
2. By which the rightful custody of any person is
withheld from the person entitled thereto.
(Sec. 1)
To any person whose right to life, liberty and
security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity.
(Sec. 1) Constitutional right to a balanced and healthful
To any person whose right to privacy in life, ecology.
liberty and security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in:
1. Gathering
2. Collecting
3. Storing

Of data or information regarding the person

Rights violated
There is an actual violation of the right to
liberty of and rightful custody by the aggrieved
party.
Venue/Where to file
If filed with RTC or any judge thereof: where
the detainee is detained
SB in aid of its appellate jurisdiction;
CA or any member in instances authorized by
law; or SC or any member thereof; MTC in
exercise of special jurisdiction; FC in cases of
custody of minors
(Sec. 1)
There is an actual or threatened
violation of the aggrieved party’s right.
(Sec. 3)
If filed with RTC: the place where the
threat, act or omission was committed or
any of its elements occurred;
SB or any justice thereof only insofar as
respondents are public officers or
employees;CA or any justice thereof; SC or
any justice thereof.
family, home and correspondence of the
aggrieved party.
(Sec. 1) There is an actual or threatened violation of one’s
There is an actual or threatened violation of the right to a healthful and balanced ecology involving
aggrieved party’s right. environmental damage.
(Sec. 3) In SC or any stations of the CA.
If filed with RTC:where the 1. petitioner or 2.
respondent resides; or that 3. which has
jurisdiction over the place where the data or
information is gathered, collected or stored, at
the option of the petitioner;
SC, CA or SB when the action concerns public
data files or government offices.

Edited by Cessy 1
Contents of the petition
(Sec. 3)
Application for the writ shall be by petition
signed and verified either by the party for whose
relief it is intended, or by some person on his
behalf, and shall set forth:
(a) That the person in whose behalf the
application is made is imprisoned or restrained
on his liberty;
(b) The officer or name of the person by whom
he is so imprisoned or restrained; or, if both are
unknown or uncertain, such officer or person
may be described by an assumed appellation,
and the person who is served with the writ shall
be deemed the person intended;
(c) The place where he is so imprisoned or
restrained, if known;
(d) A copy of the commitment or cause of
detention of such person, if it can be procured
without impairing the efficiency of the remedy;
or, if the imprisonment or restraint is without
any legal authority, such fact shall appear.
Petitioner/Who may file a petition
(Sec. 3)
1. By the party for whose relief it is intended; or
2. By any person on his behalf
Edited by Cessy
(Sec. 5)
The petition shall be signed and verified and
shall allege the following:
a. The personal circumstances of the
petitioner;
b. The name and personal circumstances of
the respondent responsible for the threat,
act or omission, or, if the name is unknown
or uncertain, the respondent may be
described by an assumed appellation;
c. The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of
the respondent, and how such threat or
violation is committed with the attendant
circumstances detailed in supporting
affidavits;
d. The investigation conducted, if any,
specifying the names, personal
circumstances, and addresses of the
investigating authority or individuals, as well
as the manner and conduct of the
investigation, together with any report;
e. The actions and recourses taken by the
petitioner to determine the fate or
whereabouts of the aggrieved party and the
identity of the person responsible for the
threat, act or omission; and
f. The relief prayed for.
The petition may include a general prayer
for other just and equitable reliefs.
(Sec. 2)
GR: By the aggrieved party
EXPN: By any qualified person/entity in the
following order:
a. Any member of the immediate family
b. Any ascendant, descendant, or collateral
relative of the aggrieved party within the 4th
civil degree of consanguinity or affinity
c. Any concerned citizen, organization,
association or institution
The filing of the aggrieved party himself
suspends the right to file petition by other
persons
The filing of petition by an authorized person
suspends the right to file by others down the
order
(Sec. 6)
A verified written petition for a writ of habeas
data should contain:
(a) The personal circumstances of the petitioner
and the respondent;
(b) The manner the right to privacy is violated or
threatened and how it affects the right to life,
liberty or security of the aggrieved
party; chanrobles virtual law library
(c) The actions and recourses taken by the
petitioner to secure the data or information;
(d) The location of the files, registers or
databases, the government office, and the person
in charge, in possession or in control of the data
or information, if known;
(e) The reliefs prayed for, which may include the
updating, rectification, suppression or destruction
of the database or information or files kept by the
respondent.
In case of threats, the relief may include a prayer
for an order enjoining the act complained of; and
(f) Such other relevant reliefs as are just and
equitable.
(Sec. 2)
GR: By the aggrieved party
EXPN: However, in cases of extralegal killings and
enforced disappearances:
a. Any member of the immediate family
b. In default of the former, any ascendant,
descendant, or collateral relative of the aggrieved
party within the 4th civil degree of consanguinity
or affinity
(Sec. 2)
The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the
respondent or if the name and personal
circumstances are unknown and uncertain, the
respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation
violated or threatened to be violated, the act or
omission complained of, and the environmental
damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more
cities or provinces.
(d) All relevant and material evidence consisting of
the affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible,
object evidence;
(e) The certification of petitioner under oath that:
(1) petitioner has not commenced any action or
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein; (2) if
there is such other pending action or claim, a
complete statement of its present status; (3) if
petitioner should learn that the same or similar
action or claim has been filed or is pending,
petitioner shall report to the court that fact within
five (5) days therefrom; and
(f) The reliefs prayed for which may include a
prayer for the issuance of a TEPO.
A natural or juridical person, entity authorized by
law, people’s organization, non-governmental
organization, or any public interest
group accredited by or registered with any
government agency.
2
Respondent
May or may not be an officer.
Extent of Enforceability of the writ
(Sec. 2)
If granted by SC, CA, or SB: enforceable
anywhere In the Philippines;
(Sec. 1) (Sec. 3) Public official or employee, private individual or
Public official or employee or a private Public official or employee or a private individual entity.
individual or entity. or entity engaged in the gathering, collecting or
storing of data or information regarding the
person, family, home and correspondence of the
aggrieved party.
(Sec. 3); (Sec. 4)
Enforceable anywhere in the Philippines regardless of who issued the same

If granted by RTC: enforceable only within the

judicial district
When to file
(Sec. 2) (Sec. 3)
On any day and at any time On any day and at any time
Payment of Docket fees
(Sec. 19) (Sec. 4) (Sec. 5) Petitioner is exempted from payment
Payment of docket fees is required. Petitioner is exempted from payment of Payment is required.
EXPN: indigent petitioner exempt docket fees and other lawful fees EXPN:indigent petitioner exempt from paying This is consistent with the character of the reliefs
docket and other lawful fees under the writ which excludes damages for
As to costs: Reason: enforcement of these sacrosanct personal injury; it also encourages public
When a person confined in a criminal case is rights should not be violated by lack of participation
discharged, the costs shall be taxed against the finances
RP

When a person in custody by virtue of a civil

case is discharged, the costs shall be taxed
against him, or against the person who signed
the application for the writ, or both
Setting of hearing
(Sec. 12) (Sec. 6) (Sec. 7)
Hearing on return Not later than 7 days from issuance of writ Not later than 10 days from date of issuance of
writ
How writ is served
(Sec. 7) Writ shall be issued immediately upon filing Writ shall be issued immediately upon filing if the Writ should be issued within 3 days from the filing
Service of the writ shall be made by leaving the if the writ on its face ought to issue writ on its face ought to issue of the petition
original with the person to whom it is directed
and preserving a copy on which to make return (Sec. 8) (Sec. 9) Served upon the respondent personally; or
of service. If the writ cannot be served personally on If the writ cannot be served personally on substituted service.
respondent, the rules on substituted service respondent, the rules on substituted service shall
If that person cannot be found, or has not the shall apply apply
prisoner in custody then the service shall be
made on any person having or exercising such
custody
Person who makes the return
Officer by whom the prisoner is imprisoned or Respondent Respondent Respondent
the person in whose custody the prisoner is
found
Filing of return/When to file

Edited by Cessy 3
(Sec. 10)
Signed and shall also be sworn to if the prisoner
is not produced
On the day specified in the writ
Contents of the return
(Sec. 10)
When the person to be produced is imprisoned
or restrained by an officer, the person who
makes the return shall state therein, and in other
cases the person in whose custody the prisoner
is found shall state, in writing to the court or
judge before whom the writ is returnable, plainly
and unequivocably:
(a) Whether he has or has not the party in his
custody or power, or under restraint;
(b) If he has the party in his custody or power,
or under restraint, the authority and the true and
whole cause thereof, set forth at large, with a
copy of the writ, order execution, or other
process, if any, upon which the party is held;
(c) If the party is in his custody or power or is
restrained by him, and is not produced,
particularly the nature and gravity of the
sickness or infirmity of such party by reason of
which he cannot, without danger, be bought
before the court or judge;
(d) If he has had the party in his custody or
power, or under restraint, and has transferred
such custody or restraint to another, particularly
to whom, at what time, for what cause, and by
what authority such transfer was made.
Edited by Cessy
(Sec. 9)
Verified written return to be filed within 5
working days after service of the writ(which
cannot be extended except on highly
meritorious grounds), the respondent shall
file a verified written return together with
supporting affidavits.
(Sec. 9)
Within seventy-two (72) hours after service
of the writ, the respondent shall file a
verified written return together with
supporting affidavits which shall, among
other things, contain the following:
a. The lawful defenses to show that the
respondent did not violate or threaten with
violation the right to life, liberty and security
of the aggrieved party, through any act or
omission;
b. The steps or actions taken by the
respondent to determine the fate or
whereabouts of the aggrieved party and the
person or persons responsible for the threat,
act or omission;
c. All relevant information in the possession
of the respondent pertaining to the threat,
act or omission against the aggrieved party;
and
d. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken:
i. to verify the identity of the aggrieved
party;
ii. to recover and preserve evidence related
to the death or disappearance of the person
identified in the petition which may aid in
the prosecution of the person or persons
responsible;
iii. to identify witnesses and obtain
statements from them concerning the death
or disappearance;
iv. to determine the cause, manner, location
and time of death or disappearance as well
as any pattern or practice that may have
brought about the death or disappearance;
v. to identify and apprehend the person or
persons involved in the death or
disappearance; and
vi. to bring the suspected offenders before a
competent court.
The return shall also state other matters
relevant to the investigation, its resolution
(Sec. 9) Within non- extendible period of 10 days after the
The respondent shall file a verified written return service of writ.
together with supporting affidavits within 5
working days from service of the writ, (which
period may be reasonably extended by the Court
for justifiable reasons)
(Sec. 10) (Sec. 8)
The respondent shall file a verified written return Within a non-extendible period of ten (10) days
together with supporting affidavits within five (5) after service of the writ, the respondent shall file a
working days from service of the writ, which verified return which shall contain all defenses to
period may be reasonably extended by the Court show that respondent did not violate or threaten to
for justifiable reasons. The return shall, among violate, or allow the violation of any environmental
other things, contain the following: law, rule or regulation or commit any act resulting
to environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
(a) The lawful defenses such as national security, in two or more cities or provinces.
state secrets, privileged communications, All defenses not raised in the return shall be
confidentiality of the source of information of deemed waived.
media and others; The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert
(b) In case of respondent in charge, in possession studies, and if possible, object evidence, in support
or in control of the data or information subject of of the defense of the respondent.
the petition; A general denial of allegations in the petition shall
be considered as an admission thereof.
(i) a disclosure of the data or information about
the petitioner, the nature of such data or
information, and the purpose for its collection;
(ii) the steps or actions taken by the respondent
to ensure the security and confidentiality of the
data or information; and chanrobles virtual law
library
(iii) the currency and accuracy of the data or
information held; and,
(c) Other allegations relevant to the resolution of
the proceeding.
A general denial of the allegations in the petition
shall not be allowed.
4
 and the prosecution of the case.
A general denial of the allegations in the
petition shall not be allowed.
Return
(Sec. 2) (Sec. 3)
If granted by the SC or CA: returnable before the If issued by RTC: returnable before such
court or any member or before RTC or any judge court;
thereof;
If issued by SB or CA or any of their justices:
If granted by RTC: returnable before such court returnable before such court or to any RTC
of the place where the threat, act or
omission was committed or any of its
elements occurred;
If issued by SC or any of its justices:
returnable before such court, or before SB,
CA, or to any RTC of the place where the
threat, act or omission was committed or
any of its elements occurred
Effect of failure to file return
(Sec. 12)
In case respondent fails to file a return, the
court, justice or judge shall proceed to hear
the petition ex parte
Liability of the person to whom the writ is directed if he refuses to make a return
(Sec. 16) (Sec. 16)
Forfeit to the aggrieved party the sum of P1000, Imprisonment or fine for committing
and may also be punished for contempt. contempt.
General denial
Not prohibited. Not allowed.
Hearing/When summary
(Sec. 6) (Sec. 13); (Sec. 15)
Date and time of hearing is specified in the writ. The hearing on the petition shall be summary. However, the court, justice or judge may call for a
preliminary conference to simplify the issues and determine the possibility of obtaining
Not summary stipulations and admissions from the parties.
The hearing shall be from day to day until completed and given the same priority as petitions for
habeas corpus
(Sec. 6)
Summary hearing shall be conducted not
later than 7 days from the date of issuance
of the writ.
Interim Reliefs
(Sec. 12) (Sec. 14)
1. Unless for good cause shown, the hearing is 1. Temporary Protection Order.
adjourned, in which event the court shall make 2. Inspection Order.
Edited by Cessy
(Sec. 4) If issued by SC, returnable before such court or
If issued by RTC: returnable before such court; CA; If issued by CA, returnable to the CA or any of
its justices
If issued by SB or CA or any of their justices:
returnable before such court or to any RTC of the
place where the petitioner or respondent resides
or that which has jurisdiction over the place
where the data or information is gathered,
collected or stored;
If issued by SC or any of its justices: returnable
before such court, or before SB, CA, or to any
RTC of the place where the petitioner or
respondent resides or that which has jurisdiction
over the place where the data or information is
gathered, collected or stored
(Sec. 14) (Sec. 10)
In case respondent fails to return, the court, In case the respondent fails to file a return, the
justice or judge shall proceed to hear the petition court shall proceed to hear the petition ex parte.
ex parte, granting petitioner such relief as the
petition may warrant
EXPN: unless the court in its discretion requires
petitioner to submit evidence.
(Sec. 11) Indirect contempt.
Imprisonment or fine for committing contempt.
Not allowed. Not allowed.
The hearing including the preliminary conference
shall not extend beyond sixty (60) days and shall
be given the same priority as petitions for the writs
of habeas corpus, amparo and habeas data.
Not summary. Reason: environmental damage
subject of the writ may involve issues of a complex
(Sec. 7) character
Summary hearing shall be conducted not later
than 10 working days from the date of issuance
of the writ
No interim reliefs. (Rule 13)
(Sec. 1)
The provisional remedy of attachment under Rule
5
an order for the safekeeping of the person
imprisoned or restrained as the nature of the
case requires;
2. The court or judge must be satisfied that the
person's illness is so grave that he cannot be
produced without any danger
Presumption
Judgment
(Sec. 15)
When the court or judge has examined into the
cause of caption and restraint of the prisoner,
and is satisfied that he is unlawfully imprisoned
or restrained, he shall forthwith order his
discharge from confinement, but such discharge
shall not be effective until a copy of the order
has been served on the officer or person
detaining the prisoner. If the officer or person
detaining the prisoner does not desire to appeal,
the prisoner shall be forthwith released.
Appeal/Period of appeal
Sec. 15 in relation to Sec. 3 Rule 41 and Sec. 39
of BP 129:
Within 48 hours from notice of the judgment or
final order appealed from. Appeal is filed to the
SC under Rule 45
Institution of separate actions
Edited by Cessy
3. Production Order.
4. Witness Protection Order.
(Sec. 17)
There is no presumption that official duty
has been regularly performed
(Sec. 18)
The court shall render judgment within ten
(10) days from the time the petition is
submitted for decision. If the allegations in
the petition are proven by substantial
evidence, the court shall grant the privilege
of the writ and such reliefs as may be proper
and appropriate; otherwise, the privilege
shall be denied.
No enforcement within 5 days unlike in writ
of habeas data
(Sec. 19); (Sec. 19)
Rule 45 by petition for review on certiorari with peculiar features:
1. Appeal may raise questions of fact or law or both;
2. Period of appeal shall be 5 working days from the date of notice of the adverse judgment;
3. Same priority as habeas corpus cases
(Sec. 16)
Same with writ of amparo with an addition that
upon finality, the judgment shall be enforced by
the sheriff or any lawful officers as may be
designated by the court, justice or judge within 5
working days.
127 of the Rules of Court may be availed of in
environmental cases.
(Sec. 2)
Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal
cases. - The procedure for and issuance of EPO
and TEPO shall be governed by Rule 2 of these
Rules.
(Sec. 15)
Within sixty (60) days from the time the petition is
submitted for decision, the court shall render
judgment granting or denying the privilege of the
writ of kalikasan.
The reliefs that may be granted under the writ are
the following:
(a) Directing respondent to permanently cease and
desist from committing acts or neglecting the
performance of a duty in violation of environmental
laws resulting in environmental destruction or
damage;
(b) Directing the respondent public official,
government agency, private person or entity to
protect, preserve, rehabilitate or restore the
environment;
(c) Directing the respondent public official,
government agency, private person or entity to
monitor strict compliance with the decision and
orders of the court;
(d) Directing the respondent public official,
government agency, or private person or entity to
make periodic reports on the execution of the final
judgment; and
(e) Such other reliefs which relate to the right of
the people to a balanced and healthful ecology or
to the protection, preservation, rehabilitation or
restoration of the
environment, except the award of damages to
individual petitioners.
Rule 45
Within fifteen (15) days from the date of notice of
the adverse judgment or denial of motion for
reconsideration.
6

Effect of filing criminal action
Consolidation
Quantum of proof
Quantum of proof is clear and convincing
evidence
Archiving and revival of cases
Suppletory application of ROC
Prohibited pleadings and motions
None
Edited by Cessy
(Sec. 21); (Sec. 20); (Sec. 17)
This Rule shall not preclude the filing of separate criminal, civil or administrative actions.
Reason: they are different actions with different objectives
(Sec. 2); (Sec. 21)
When a criminal action has been commenced, no separate petition for the writ shall be filed. The
reliefs under the writ shall be available by motion in the criminal case.
(Sec. 23); (Sec. 22)
When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be
consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for issuance
of the writ, the latter shall be consolidated with the criminal action.
(Sec. 17) (Sec. 16)
Quantum of proof is substantial evidence Quantum of proof is substantial evidence
(Sec. 20)
If the petition cannot proceed for a valid
cause, it shall not be dismissed by the court,
but it must be archived
After 2 years from notice of archiving, it
shall be dismissed with prejudice upon
failure to prosecute
(Sec. 25); (Sec. 24)
The ROC shall apply suppletorily
(Sec. 11); (Sec. 13) 1. Motion to dismiss;
1. Motion to dismiss; 2. Motion for extension of time to file return;
2. Motion for extension of time to file opposition, affidavit, position paper and other pleadings; 3. Motion for postponement;
3. Dilatory motion for postponement; 4. Motion for a bill of particulars;
4. Motion for a bill of particulars; 5. Counterclaim or cross-claim;
5. Counterclaim or cross - claim; 6. Third-party complaint;
6. Third - party complaint; 7. Reply; and
7. Reply; 8. Motion to declare respondent in default.
8. Motion to declare respondent in default;
9. Intervention; Motion for intervention is allowed. Reason: public
10. Memorandum; participation
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus or prohibition against any interlocutory order.
7